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Saturday, February 23, 2019

Comlaw Aropa Assignment Essay

Question 1Offer is an expression of impulsiveness to enter into a heavyly binding ask on the price proposed once the purpose is true. This letter is an allow for since the terms proposed are complete and it is communication to the offeree. The letter was definitely sent to Andrew by mistake since the company makes this offer only to their regular customers and to those who have sign long term supply contract. Andrew did not satisfy both these conditions. match to the case of McMahon v Gilberd & Co, the reward for each returned soft drink store is made to their customer only. Technically, the bottle dealer is not their customer and then the case was in sound. In conclusion, although Andrew replied to the offer before the deadline, the company has no legal compact to supply Andrew.Question 2In this situation, Sarah has met the term of the offer as she has expressed willingness to enter into a legally binding contract. The resolve from Sarah shows that she agreed to accept the offer for 300 tonnes. Her request to collect the fertilizers in early October is merely a request for information since she is willing to collapse for the delay. It is not a return offer by Sarah as she is willing to collect the fertilizers if the company does not agree to her request. Therefore, the offer is still valid as she was only requesting for more information. Similarly, in the case of Stevenson v McLean, the plaintiffs telecommunicate was only a request for information and is not a counter offer. Thus, the offeror has legal obligation to sell to the plaintiff since he has accepted the offer via post. The telecommunicate sent by the company to Sarah on 21 July to revoke the offer is invalid because she has already accepted the offer. Revocation of offer can only be done before the communication of credenza by the offeree. The method of reply used by Sarah through email is valid as long as it is not less beneficial to the offeror although the offer was sent via pos t. In conclusion, the company has the legal obligation to supply fertilizers to Sarah since her acceptance of offer is valid.

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